|1-61||Dec 8||ADMINISTRATIVE LAW.|
|Pharmacy Board may not by regulation require drug stores to have a licensed pharmacist present at all times when they are open for business.|
|2-61||Mar 2||INCOMPATIBILITY OF OFFICES.|
COUNTY HOSPITAL TRUSTEE.
CITIES, TOWNS AND VILLAGES.
|Mayor or city clerk of 4th class city or member of board of public works of special charter city may be member of Board of Trustees of county hospital when hospital is not located in any of such cities.|
|2-61||May 25||PROBATE COURT.|
|While proceeding under heirship determination statute, the probate court should invoke its jurisdiction to assess inheritance tax on its own motion.|
|2-61||June 14||Hon. A. J. Anderson||WITHDRAWN|
|The board of trustees of a county hospital is authorized to purchase a tract of land for use as a hospital site with the sole consideration therefor being that the grantor be guaranteed lifetime hospitalization as may be required.|
|Bequests to person for purpose of caring for testator’s cat held taxable under Missouri Inheritance Tax Law.|
SCHOOL TAX LEVIES.
|Section 11(c), Article X of the 1945 Missouri Constitution, as amended, and Section 165.080, RSMo 1959, do not require that all proposed tax rate increases for school purposes be submitted to the voters in one single proposition.|
|3-61||May 22||TAX SALES REDEMPTION.||Since the county collector has no duty or authority to collect delinquent city taxes in a city of the third class, he is under no obligation or statutory duty to check to see whether city taxes accruing subsequent to the sale of realty by the county collector for delinquent county and state taxes have been paid by the certificate holder before permitting the owner to redeem the property.|
|3-61||Dec 8|| ||Opinion letter to the Honorable Roderic R. Ashby|
|4-61||Oct 31|| ||Opinion letter to the Honorable Lee Aaron Bachler|
COUNTY SUPERINTENDENT OF SCHOOLS.
|Teachers’ certificates are valid when issued and (except for county third grade certificates) the local County Superintendent of Schools does not have authority to require such certificates to be registered or recorded with him, and the county superintendent of schools does not have the power to pass on the moral character and requirements, other than scholastic, of the teacher, (except teachers holding county third grade certificates). |
|If a plaintiff in a civil action in magistrate court is a nonresident of the State of Missouri and not present at trial, his deposition may be used to prove his case, provided he has complied with the statutory procedural matters relating to the taking of said deposition, as well as to its introduction during trial.|
|6-61||Nov 17|| ||Opinion letter to the Honorable Paul S. Bell|
|Class 2 county officers are not authorized by the provisions of Section 50.660 to make purchases of $100.00 or less without approval of county court and certification of county auditor.|
|9-61||July 10|| ||Opinion letter to the Honorable Earl R. Blackwell|
|9-61||Oct 3 || ||Opinion letter to the Honorable Channing D. Blaeuer |
|9-61||Oct 6|| ||Opinion letter to the Honorable Earl R. Blackwell|
|9-61||Nov 8||ROAD DISTRICTS.|
ROADS AND BRIDGES.
|Both a County Court and Special Road District (authorized under Section 233.010 RSMo 1959) may expend funds, under authority of Section 234.210 RSMo 1959, to finance a preliminary engineering survey, the purpose of which is to determine the feasibility of constructing an inter-state bridge across the Mississippi River.|
|10-61||May 24||COUNTY HEALTH CENTERS.|
|Board of health center trustees managing county health center governed by Secs. 205.150 RSMo 1959 is vested with authority to expend monies derived from its authorized tax levy for the purpose of erecting a health center building on premises leased from the Federal Government.|
|10-61||July 7|| ||Opinion letter to the Honorable Rolin T. Boulware|
|10-61||Aug 29|| ||Opinion letter to the Honorable Earl A. Bollinger|
TAX EXEMPT REALTY.
EXCLUSIVELY USED FOR CHARITABLE PURPOSES.
|On the facts submitted, real estate owned by Cat’s Pause, a not for profit corporation in Shelbina, Missouri, is used for purposes purely charitable.|
|11-61||Apr 4||CRIMINAL LAW.|
SUPREME COURT RULES.
|A person is not disqualified as a surety in municipal and traffic courts solely because he employs persons who have been convicted of a felony but this fact together with other facts and circumstances may be considered by the court in determining whether the person meets the reputable person requirement of Section 37.107, Rules of the Supreme Court of Missouri.|
|A criminal action for nonsupport of children brought against a father pursuant to Section 559.350, RSMo 1959, can be instituted in the county wherein the father resides even though the children are nonresidents of the state.|
|13-61||Dec 4|| ||Opinion letter to Mr. Arthur V. Burrowes|
|14-61||Mar 27||Hon. E. J. Cantrell||WITHDRAWN|
|15-61||Sept 8||SURPLUS COMMODITIES.|
COUNTY SUPERINTENDENT OF SCHOOLS.
|Judges of the county court are prohibited from receiving extra compensation from county for services they render in distribution of surplus commodities. County clerk and county treasurer may receive extra compensation from the county for services they render beyond their official duties in the distribution of surplus commodities. County superintendent of schools may receive compensation from the county for any service he renders in the distribution of surplus commodities.|
|15-61||Dec 8|| ||Opinion letter to the Honorable Milton Carpenter|
|17-61||Dec 22|| ||Opinion letter to the Honorable Jack L. Clay|
|18-61||Jan 26||NEPOTISM.||Employment by County Judge on hourly or monthly basis of park employee who later marries relative of judge during period of his employment does not constitute violation of Article 7, Section 6 of Constitution 1945. Signing employee’s payroll for service performed does not constitute an employment.|
|18-61||Feb 15||REPUTABLE PERSON.|
SUPREME COURT RULES.
|“Reputable person” to be surety on bond is one of good moral character. Specific acts may be shown in making such determination.|
|1. Railroad property is to be assessed only by the taxing units where the property is located.|
2. Only the taxing units for which railroad taxes were levied and collected are entitled to the taxes collected.
|19-61||July 5|| ||Opinion letter to the Honorable Cornelius Costello|
|Standing timber conveyed by a timber deed is real estate and may be separately assessed to the grantee, but such separate assessment is not mandatory.|
|19-61||July 17|| ||Opinion letter to the Honorable Roy G. Cooper|
|19-61||Aug 1||GENERAL ROAD DISTRICTS.|
COUNTY BUDGET LAW.
ROAD AND BRIDGE FUND.
|All funds derived from both the first and second additional road levies in general road districts must be budgeted and may be spent only from class 3 of the budget in class 3 counties; the funds from the second additional road levy in several such general road districts may not be consolidated, but must be earmarked to the credit of each such district and may be expended only on roads or for the payment of protested warrants resulting from expenditure for roads within said district; county treasurer incurs no liability by paying or protesting warrants issued in accord with the budget estimate filed with him.|
|20-61||Mar 16||COUNTY HEALTH CENTERS.|
HEALTH CENTER BUDGET.
|County health center in county of fourth class has no power, as such, to borrow money. County courts of such county, upon request of board of health center trustees, may in its discretion issue tax anticipation notes payable out of the health center fund. Board of health center trustees may incur indebtedness and issue duly authenticated vouchers therefor upon which the county court must order vouchers drawn on the health center fund even though there is no money presently in said fund, provided said indebtedness has been duly provided for in the county health center budget.|
|20-61||May 19||STATE RETIREMENT ACT.|
|The General Assembly may constitutionally amend the Missouri State Employees’ Retirement System (Sections 104.310 to 104.600, RSMo 1959) by granting prior service credit to a city employee for service rendered by him as an employee of a private utility prior to the date said private utility became municipally owned, when said city properly elects to place its employees under the provisions of the Missouri State Employees’ Retirement System.|
CITY OF ST. LOUIS.
|When the office of coroner of the City of St. Louis becomes vacant it is the duty of the Governor to appoint a successor who shall serve until the end of the four year term to which the one vacating the office was elected.|
As the office of public administrator of the City of St. Louis is vacant it is the duty of the Governor to appoint a successor who shall serve until the first day in January, 1963, at which time the person having been elected at the November, 1962, general election shall take office and serve for the remainder of the unexpired term; i.e., until the first day in January, 1965.
|21-61||Mar 2||SCHOOL BUS.|
|Driver of school bus must stop his bus on the unpaved portion (shoulder) of the highway in discharging or taking on passengers, except when impracticable to do so. In event that it is impracticable to stop on shoulder of road, he may stop school bus on paved portion of highway only is school bus is plainly visible for at least 300 feet in each direction to drivers of other vehicles upon the highway. In such event, he may stop bus on paved portion of highway for only such time as is actually necessary to take on and discharge passengers.|
|21-61||Oct 4||COUNTY COURTS.|
ASSESSMENT OF PROPERTY FOR TAXATION.
CLASS THREE COUNTIES OF OVER 40,000.
|Any county having a population over 40,000 is authorized to employ experts to replat and prepare maps and to locate and evaluate real estate in said county for the purpose of furnishing information of value to the county assessor in securing a full and accurate assessment of all property in the county liable to taxation.|
|21-61||July 10|| ||Opinion letter to the Honorable Bill Davenport|
|21-61||July 20|| ||Opinion letter to the Honorable Bill Davenport|
|21-61||Dec 20||Hon. John M. Dalton||WITHDRAWN|
|24-61||Nov 13||PUBLIC SCHOOL RETIREMENT SYSTEM.|
LIFE INSURANCE COMPANIES.
CASUALTY INSURANCE COMPANIES.
|Since House Bill 214 amending Section 169.040, RSMo 1959, became effective on October 13, 1961, the Board of Trustees of the Public School Retirement System of Missouri are authorized to invest funds of the system which are in excess of a safe operating balance in common stocks and preferred stocks of corporations organized under the laws of the United States or any state therein subject to the prudent man rule regarding investments by trustees as expressed in Missouri court decisions.|
|25-61||Jan 3||STATE MENTAL HOSPITALS.|
CONVICTS, ALLOWANCE WHEN DISCHARGED.
|Superintendent of the hospital in his sole discretion may furnish all or any part of the allowances provided in Section 216.350, V.A.M.S. to a convict when discharged, provided the convict is discharged from the hospital at the time his sentence in the penal institution expires. A prisoner confined in a penal institution when paroled or discharged therefrom is entitled to all allowances provided for in Section 216.350, V.A.M.S.|
|25-61||Jan 16||TRAINING SCHOOLS.|
STATE TRAINING SCHOOLS.
|Children committed to a State Training School for mentally retarded children by the juvenile court shall be accepted by said school subject to availability of suitable accommodation at the school.|
|25-61||Sept 5||IMMUNITY OF STATE FROM SUIT.|
DIVISION OF MENTAL DISEASES.
|The State of Missouri is not liable or subject to suit for damages when personal property of employees at state mental hospitals is stolen or damaged by state hospital patients.|
|26-61||May 19||COUNTY BUDGET.|
COUNTY BUDGET LAW.
|County Court of third Class county may expend funds not otherwise allocated out of class 5 of annual budget for the acquisition, storage and distribution of surplus agricultural commodities under a program authorized by Senate Bill 143, 71st General Assembly; if funds in Class 5 are insufficient, county court may supplement financing with Class 6 funds, as long as there is cash on hand in excess of funds already encumbered and amounts allocated to Classes 1 to 5.|
|27-61||Mar 9||MAGISTRATE COURT.|
CHANGE OF VENUE.
|Upon a change of venue to a circuit court or to another magistrate court, a cash bond previously posted remains in effect, obviating the necessity for a new bond to insure the defendant’s presence in the transfer court.|
|27-61||July 5||Hon. William J. Esely||WITHDRAWN|
|27-61||Nov 15|| ||Opinion letter to the Honorable Lynn M. Ewing, Jr.|
SUPERINTENDENT AS TRANSPORTATION SUPERVISOR.
THIRD CLASS COUNTIES.
COMPENSATION WHEN PAID.
|Section 167.220 R.S.Mo. 1959 requires Treasurer of third class county to pay amount of monthly compensation therein provided to superintendent of schools of county as supervisor of school transportation out of funds received from State of Missouri for that purpose. Treasurer unauthorized to make any such payments to superintendent, as school transportation supervisor, before receipt of funds for that purpose from State of Missouri.|
|The possessor of property pursuant to a trust receipt executed by him can be prosecuted for stealing under Section 560.156 MRS 1959, if he converts said property in violation of the owner’s title, possessory rights, or terms of the trust receipt.|
|28-61||June 30||SENATORIAL REDISTRICTING COMMISSION.||The commission must file its report not later than August 14, 1961. If state senatorial reapportionment is properly accomplished this year, the result will be (1) that the present senators will serve the balance of their present terms, through 1962 or 1964, depending upon whether they were elected in 1958 or 1960, (2) that senators will be elected in 1962 from the new even-numbered districts, (3) that senators will be elected in 1964 from the new odd-numbered districts, and (4) the senate in 1963 and 1964 will consist of the senators elected in 1960 from the old odd-numbered districts and those elected in 1962 from the new even- numbered districts.
|Land in Howell County is not “unorganized” territory and county court therefore cannot place it in another school district.|
|31-61||Sept 14|| ||Opinion letter to the Honorable J. R. Fritz|
|County Judges of third and fourth class counties are not entitled to the increased per diem compensation provided by House Bill 255, 71st General Assembly, but are entitled to the increased mileage allowance therein provided.|
|31-61||Dec 28||COUNTY OFFICERS.|
FEES AND SALARIES.
|Sheriffs are not entitled to a mileage allowance under Section 57.430, RSMo when assisting a sheriff of another county in a criminal investigation with which the first sheriff’s county is not concerned.|
|32-61||Oct 5|| ||Opinion letter to the Honorable J. Ben Garrett|
|33-61||July 7||Hon. William E. Gladden ||WITHDRAWN|
|33-61||Dec 22||INSURANCE.||Contract Number 1515 negotiated by Duncan Funeral Homes is not on its face an insurance contract, but negotiating of the same in the light of language found in the letter of Duncan Funeral Homes, dated May 19, 1961, causes Contract Number 1515 to evidence an insurance contract, offered in violation of Secs. 375.300 and 375.310, RSMo 1959.|
|34-61||July 25||COUNTY TREASURERS.|
|County treasurer must pay or protest warrant drawn on fund properly budgeted even though anticipated revenues as budgeted may exceed revenues actually collected.|
|37-61||June 1||Hon. Morran D. Harris||WITHDRAWN|
|37-61||July 21||ROAD DISTRICTS.|
DISSOLUTION OF ROAD DISTRICTS.
CREATION OF ROAD DISTRICTS.
|Land owned by State Conservation Commission does not count in the total acreage of an area for the purposes of determining whether landowners petitioning for the creation or dissolution of a special road district own at least 50% of the acreage as required by law.|
|38-61||Apr 21||PUBLIC RECORDS.|
ORIGINALS DESTROYED BY SECRETARY OF STATE, WHEN.
|Sections 109.120 and 109.130, RSMo 1959 authorize Secretary of State to micro-film permanent records of articles of incorporation with amendments, of “inactive” domestic and foreign corporations and fictitious names records five or more years old, and deem reproductions originals. Reproductions to be placed in conveniently accessible files for preservation and examination. He may certify facts to governor and if governor orders destruction of records from which reproductions made, secretary of state may destroy same.|
|38-61||June 28|| ||Opinion letter to the Honorable Warren E. Hearnes – Ballot title for House Joint Resolution No. 2|
|38-61||June 28|| ||Opinion letter to the Honorable Warren E. Hearnes – Ballot title for House Committee Substitute for House Joint Resolution No. 24|
|38-61||July 5|| ||Opinion letter to the Honorable Warren E. Hearnes – Ballot title for House Joint Resolution No. 9|
|38-61||July 12|| ||Opinion letter to the Honorable Warren E. Hearnes – Ballot title for House Joint Resolution No. 16|
|38-61||July 12|| ||Opinion letter to the Honorable Warren E. Hearnes – Ballot title for House Joint Resolution No. 27|
|38-61||July 12|| ||Opinion letter to the Honorable Warren E. Hearnes – Ballot title for House Joint Resolution No. 30|
|38-61||July 13|| ||Opinion letter to the Honorable Warren E. Hearnes – Ballot title for House Committee Substitute for House Joint Resolution No. 3|
|38-61||Sept 29||CITIES, TOWNS AND VILLAGES.|
|A newspaper in which a third class City’s financial reports are published in accordance with Section 77.110 must meet the requirements set out in Section 493.050. A newspaper having two hundred subscribers would qualify, assuming that such newspaper contains news of general character and interest to the community, as a newspaper of “general circulation” within the purview of Section 493.050.|
|38-61||Nov 30|| ||Opinion letter to Mr. Edward E. Haynes|
|38-61||Dec 20||Hon. Warren E. Hearnes||WITHDRAWN|
|39-61||May 15||PUBLIC SCHOOL RETIREMENT SYSTEM.|
MISSOURI STATE EMPLOYEES’ RETIREMENT SYSTEM.
MEMBERS OF THE GENERAL ASSEMBLY. LEGISLATORS.
|A member of the General Assembly who is covered by the retirement or benefit fund of the Public School Retirement Fund cannot also become a member of the Missouri State Employees’ Retirement System.|
|39-61||Aug 24||NATIONAL GUARD.|
MISSOURI STATE EMPLOYEES’ RETIREMENT SYSTEM.
|A civilian employee of the Missouri State National Guard is entitled to the full benefits under the Missouri State Employees’ Retirement System (Sections 104.310 to 104.660, RSMo 1959), notwithstanding the failure of the Federal Government to match said employees’ four per cent contribution.|
|39-61||Oct 19||STATE EMPLOYEES.|
STATE RETIREMENT SYSTEM.
|Those members retired prior to the effective date of the amendment to Section 104.390, V.A.M.S. 1961, increasing the normal annuity of a member from 5/6ths of one per cent to one per cent are not entitled to said increase in benefits.|
|39-61||Nov 28||STATE RETIREMENT SYSTEM.|
LIFE INSURANCE COMPANIES.
CASUALTY INSURANCE COMPANIES.
|The Board of Trustees of the State Retirement System may invest funds of the System in common stock of any corporation organized under the laws of the United States, or of any state, subject to the prudent man rule regarding investments by trustees as expressed in Missouri court decisions.|
|40-61||Apr 5||REPRESENTATIVE REDISTRICTING.|
SECRETARY OF STATE.
BOARD OF ELECTION COMMISSIONERS.
COUNTY COUNCIL OF ST. LOUIS COUNTY.
|Process of effecting reapportionment of representatives must commence without delay upon the taking of the census. Secretary of state must make the necessary certification forthwith, and upon receipt of such certification, when redistricting is required, the county courts and board of election commissioners in the City of St. Louis must effect such redistricting within 60 days if possible by acting with expedition and due diligence. Statutory requirement that redistricting be completed within 60 days is directory, and a redistricting thereafter completed would be valid. In St. Louis County, county council performs the function of a county court in redistricting the county.|
|40-61||May 31||SENATORIAL APPORTIONMENT COMMISSION.|
COMPENSATION OF MEMBERS.
|Under provisions of Article III, Section 7, Constitution of Missouri, member of Senatorial Apportionment Commission shall be paid fifteen dollars a day from effective date of his appointment and qualification, until date commission completes assignment, but total compensation cannot exceed one thousand dollars. If commission’s assignment is not completed and it is discharged at end of six month’s period provided in section, a commissioner shall be paid fifteen dollars a day from effective date of his appointment and qualification, but tot al compensation cannot exceed one thousand dollars.|
|A series of independent thefts or embezzlements by an individual from one owner at different times which thefts or embezzlements, independently, do not equal the sum of at least $50.00, can be pleaded in the aggregate in order to charge the individual with stealing in a sum of at least $50.00 under Section 560.156 MRSA 1959, only in the event that the facts would show a single criminal purpose on the part of the thief or embezzler at the time of the thefts or embezzlements.|
|41-61||Apr 4||COUNTY OPTION DUMPING GROUND LAW.|
STATE DIVISION OF HEALTH.
|Both State Division of Health and County court have authority to enforce provisions of sections 64.460 to 64.487, MoRS 1959; all disposal areas outside the limits of cities, towns and villages must be licensed. Any person who disposes of ashes, garbage, rubbish or refuse in an unlicensed area is guilty of a misdemeanor.|
|41-61||Sept 12|| ||Opinion letter to the Honorable William W. Hoertel|
LANDLORD AND TENANT.
|Building used to house a college social fraternity is not used for charitable or educational purposes within the meaning of Section 6 of Article X of Missouri Constitution. Corporation leasing such property from exempt governmental agency is liable for taxes to extent of its interest therein.|
|42-61||Jan 16||Hon. John A. Honssinger ||WITHDRAWN|
|Supreme Court Rule 37.485 empowers the sheriff of the county in which the offense was committed, to set and take the amount of bail, which shall not be less than sixteen dollars nor more than two hundred dollars in accordance with the bail schedule established by the magistrate having jurisdiction over the offense, only in those cases where the magistrate court is not in session at the time, and the arrest of the person is without a warrant for a misdemeanor involving the operation of a motor vehicle.|
AGREEMENT TO FIX PRICES.
COMBINATIONS IN RESTRAINT OF TRADE.
|An agreement by retail gasoline filling stations to fix prices at which they sell gasoline violates the Anti-Trust Laws of Missouri contained in Chapter 416, RSMo 1959.|
|Presiding judge of county court is without authority to order clerk to make a record entry showing the judge’s presence during a previously adjourned session of the court. Presiding judge, acting alone, may not order clerk to issue a warrant.|
|44-61||Sept 20||STATE DIVISION OF RESOURCES AND DEVELOPMENT. |
RESOURCES AND DEVELOPMENT.
|The division of resources and development has authority to provide planning assistance to any county, municipality, or metropolitan area and exercise all the power and authority granted under the provisions of Sections 255.130, 255.140, and 255.150, RSMo 1959.|
|45-61||May 10||CONSTITUTIONAL LAW.|
STATE PARK BOARD.
|Constitutional prohibition against special or local laws laying out roads, highways, streets or alleys does not apply to private road.|
|45-61||June 30|| ||Opinion letter to the Honorable Darold W. Jenkins|
|45-61||July 26|| ||Opinion letter to the Honorable Joe A. Jackson|
|The county court is not authorized to pay the sheriff’s and deputies’ travel allowances by giving them the equivalent of $75.00 per month in gasoline instead of paying such allowances by the means directed by Sections 57.430 and 57.440, RSMo 1959.|
|46-61||Apr 12||POLITICAL COMMITTEE.|
|Officers chosen by county committee under Section 120.800 RSMo., 1959, are elected for an indeterminate term.|
|48-61||Dec 20||Hon. Harry Keller ||WITHDRAWN|
|Director of Missouri Agricultural experiment station at Columbia, Missouri, having the authority to promulgate regulations under the Missouri Fertilizer Law, Sections 266.291 to 266.351, RSMo 1959, may not, in the exercise of such power add to the labeling requirements of Sec. 266.321, RSMo 1959, because such action would be adding to the Fertilizer law and adding to its scope.|
CITIES OF THIRD CLASS.
CITIES OF THIRD CLASS WITH CITY MANAGER FORM OF GOVERNMENT.
|The city council of a city of the third class with city manager form of government has authority to create an airport board to maintain and operate a municipal airport.|
|50-61||July 7|| ||Opinion letter to the Honorable Paul Knudsen|
|50-61||Dec 18|| ||Opinion letter to Mr. Paul Knudsen|
|51-61||July 19||COUNTY HOSPITAL.|
PATIENT IN COUNTY HOSPITAL.
|A regularly licensed and qualified physician who has been a member of the staff of the Callaway County Hospital and who has voluntarily resigned from said staff, may nevertheless continue to practice in the hospital when acting for his patient in the hospital.|
CONSTRUCTION OF STATUTES.
|Senate Substitute No. 2 for Senate Bill No. 78, effective October 13, 1961, has no retrospective effect and does not operate to forgive taxes which were assessed under the law in effect prior to said date.|
|Magistrate may issue execution directed to sheriff of another county for purpose of making levy or garnisheeing of judgment debtor.|
|52-61||Jan 3||INSURANCE.||Amended Articles of Incorporation of American Standard Life Insurance Company.|
|52-61||Jan 30||INSURANCE.||Articles of Incorporation of Missouri General Insurance Company.|
|Foreign insurance company doing business in Missouri prohibited under Sec. 148.400 RSMo 1959 from deducting from premium taxes due Missouri amounts paid as ad valorem taxes on real estate the company owns in Missouri, and, other than for the purpose of computing premium taxes under a foreign premium tax statute which authorizes the deduction thereof, such real estate taxes are not to be taken into consideration in determining the aggregate burdens imposed by either Missouri or the foreign state when applying the provisions of the Missouri retaliatory law.|
|52-61||Apr 12||INSURANCE.||Articles of Incorporation of First National and Casualty Insurance Company.|
|52-61||Apr 25||COUNTY OFFICERS.|
|Person cannot qualify for office of county coroner by becoming a citizen one month after the beginning of the term.|
|52-61||Aug 16||INSURANCE.||Described “plan” offered by Southwest Blood Banks, Incorporated, is a contract of insurance, and offering of the same to the public without meeting licensing requirements of Missouri’s insurance code violates Sections 375.300 and 375.310 RSMo 1959.|
|52-61||Aug 22||INSURANCE.||Sec. 375.300 RSMo 1959 requiring licensing of insurance agents not applicable to Standard Oil Company of Indiana in its exclusive use of the mails in soliciting its credit card customers in Missouri from the office of Standard Oil Company in Illinois to purchase insurance and pay for the same through the medium of such credit cards.|
|52-61||Sept 6||Hon. C. Lawrence Leggett ||WITHDRAWN|
|52-61||Sept 18||INSURANCE.||Amended Articles of Incorporation of Survivor’s Benefit Insurance Company.|
|52-61||Sept 18||INSURANCE. ||Articles of Incorporation of United Investors Life Insurance Company.|
|Pursuant to Section 211.061(2) RSMo 1959, a magistrate or police judge must forthwith transfer the case or refer the matter of an individual between 17 and 21 years of age charged with the violation of a state law or a municipal ordinance committed by said individual after he attained 17 years of age, to the juvenile court, if the juvenile court had obtained exclusive original jurisdiction of said individual under Section 211.031 RSMo 1959, prior to his seventeenth birthday, and had placed said individual on probation.|
|55-61||Feb 15||CIVIL DEFENSE.||Constitutional Amendment #1 adopted November 8, 1960, provides in Section 46 of the Amendment that emergency powers are granted to the Legislature only after an enemy attack. If the Legislature passes laws with such emergencies in view before an enemy attack, it must do so within the powers presently granted to that body and the constitutional restrictions ordinarily imposed upon any legislation.|
|56-61||Apr 4||Hon. Elva D. Mann||WITHDRAWN|
|58-61||Mar 10||CIRCUIT COURT.|
OLD RECORDS, STORAGE OF.
|Old circuit court witness books, minute books, transcripts of judgments and transcripts on appeal are records belonging to office of the circuit clerk, and shall be kept at clerk’s office within meaning of Sec. 483.065 RSMo 1949, and cannot be removed except in case of danger from invading enemy as provided by Sec. 483.070, RSMo 1949. To provide additional space for more current records, clerk may remove said old circuit court witness books, minute books, transcripts of judgments and transcripts on appeal from their usual places in his office and store them in another room of same office without violating Sections 483.065 and 483.070, RSMo 1949, if right of access and control over storage room is in clerk only, and room is not used jointly by clerk and other county officials.|
|58-61||May 16||STATE FEDERAL SOLDIERS. |
|Section 212.120 RSMo 1959 does not grant authority to board of trustees of Federal Soldiers’ Home at St. James, Missouri to sell any portion of land contained in the original conveyance to said board of trustees for a site for said institution in 1897, and any sale thereof may not be made without specific legislative authority reflected by statutory enactment.|
|58-61||Sept 15|| ||Opinion letter to the Honorable Richard E. McFadin|
|59-61||Apr 13||Hon. Paul McGhee||WITHDRAWN|
|59-61||Nov 10|| ||Opinion letter to the Honorable T. D. McNeal|
|59-61||Nov 17||ROAD DISTRICTS.|
SPECIAL ROAD DISTRICTS.
ROADS AND BRIDGES.
|Attorney employed by private citizens for purpose of advocating disincorporation of a road district may not be paid from funds of district.|
|62-61||Mar 7||COUNTIES.||Section 137.177, R.S. Mo, Amm 1957, adopted by a class three county ceases to be in force and effect when the county becomes a class two county.|
TERMS OF OFFICE.
|A person elected to fill an unexpired portion of the term of a circuit clerk is not entitled to an increase in compensation pursuant to a statute enacted during the term of office but before his election thereto. The increase does not become effective until the expiration of such term.|
|The auditor of Jefferson County, appointed January 1, 1961, is filling out an unexpired term of office, and is not, therefore, entitled to the increased compensation authorized by Laws 1959, S. B. 196, Section 1 (Now Section 55.090, RSMo 1959).|
|62-61||Dec 28||COUNTY COURTS.|
|1. A valid contract executed by a county court is valid and binding on the succeeding court.|
2. A county clerk is not entitled to any extra compensation for performing additional duties imposed upon him by law in conducting and supervising the registration of voters.
3. A county auditor in a third class county is not personally liable unless he makes an erroneous certification.
|63-61||Feb 17||FLORIDA RESIDENT.|
|Florida resident employed in State of Missouri must register and license his motor vehicle in Missouri in order to operate said motor vehicle on the highways of this state, while so employed.|
SPECIAL ROAD DISTRICTS.
KING BILL ROAD.
COUNTY AID ROAD FUND.
|Funds made available by the County Court and funds from the county aid road fund (King Bill Road Law) may be used to construct an approved road regardless of whether such road lies wholly or in part in a special road district.|
|64-61||July 5|| ||Opinion letter to the Honorable George H. Morgan|
|64-61||Sept 1|| ||Opinion letter to Mr. M. E. Morris|
|64-61||Sept 13||MOTOR VEHICLE SAFETY RESPONSIBILITY UNIT.|
|Citizens of Missouri have the right to make personal inspection of accident reports and be apprised of the security filed with the Motor Vehicle Safety Responsibility Unit.|
ST. LOUIS EARNINGS TAX.
|Section 143.160, as amended, provides for a deduction for those taxes paid to the City of St. Louis upon compensation for personal services earned by resident and non-resident individuals.|
|64-61||Nov 10|| ||Opinion letter to the Honorable George H. Morgan|
|64-61||Dec 27||LEGISLATIVE DISTRICTS.|
DECLARATION OF CANDIDACY.
FILING FEE OF CANDIDATES.
|A declaration of candidacy for nomination as senator or representative in Jackson County filed prior to the creation of the new senatorial and representative districts after the 1960 census is a nullity. The filing fee paid with such invalid declaration may be applied to a valid declaration of candidacy thereafter filed.|
ASSESSMENT OF PROPERTY.
|Improvements on leased land normally to be assessed against the owner thereof. Lessee’s leasehold interest may be assessed separately as realty.|
|68-61||Aug 30||STRAY ANIMALS.|
|The sheriff is not authorized to employ private citizens at public expense to take up, keep or feed any animal or animals of the species of horse, mule, ass, cattle, swine, sheep or goat which may be found running at large outside the enclosure of the owner under Section 270.010, RSMo 1959. This is a duty specifically delegated to the sheriff and he is responsible for its performance.|
|An unmarried man and woman, who are living together and holding themselves out as husband and wife can be prosecuted for open, gross lewdness or lascivious behavior under Section 563.150, RSMo 1959, only if there were direct or circumstantial evidence of sexual relations.|
|71-61||Sept 26|| ||Opinion letter to the Honorable J. L. Pickard|
|72-61||May 8||PUBLIC LIBRARIES.|
FIRST CLASS CITIES.
DIRECTORS MAY CONTRACT FOR.
|Directors of a public library of first class city are authorized by Section 182.301, RSMo 1959, to contract with governing body of any other public library in state for cooperative library services. Such contract is not subject to review, approval or disapproval by council of such first class city.|
|72-61||Oct 26||PUBLIC LIBRARIES.|
CONSTITUTIONAL CHARTER CITIES.
ELIGIBILITY FOR STATE AID.
|Constitutional charter cities levying and collecting library tax of one mill on dollar of assessed valuation imposed by city ordinance under authority of Secs. 137.020 and 94.400, RSMo 1959, sufficiently meets requirements of Sec. 181.060, RSMo 1959, as to amount, and if tax was duly assessed and levied for the year preceding that in which application for state aid grant was made the library of said city is eligible for a state aid grant under provisions of said Sec. 181.060.|
|74-61||July 26|| ||Opinion letter to the Honorable James R. Reinhard|
|75-61||Feb 14||Hon. John M. Rice||WITHDRAWN|
|75-61||June 28||AIR CONDITIONING.|
|The county court cannot be compelled to pay for air conditioning in the courtroom, clerk’s office, and judge’s chamber of a Magistrate Court.|
|75-61||July 5||DENTAL BOARD.|
|Members of the Missouri Dental Board are state officers within the meaning of the constitutional prohibition against pay raises during current term. S. B. 216 imposes additional duties but manifests no intent that the pay raise effected by S.B. 154 should be compensation therefor.|
|75-61||Aug 21||COUNTY COLLECTORS.|
|When county consents to giving of surety bond by county collector, county must pay premiums on such bond coming due during entire term of collector.|
|75-61||Dec 8|| ||Opinion letter to the Honorable John M. Rice|
|75-61||Dec 22||Hon. James T. Riley||WITHDRAWN|
|76-61||July 14||CEMETERIES, PUBLIC AND PRIVATE.|
TRUST FUNDS. ADMINISTRATION OF.
|1. For keeping book on all receipts, disbursements and management of seven trust funds for maintenance of public and private cemeteries, under Sec. 214.180, RSMo 1959, County Clerk cannot be compensated from trust funds. 2. It is County’s responsibility to pay for County Clerk’s record book. 3. County Treasurer cannot be compensated for booking services on four of trust funds, services purely voluntary, no part of official duties. 4. Trustees’ annual report, required by Sec. 214.150, RSMo 1959, shall be prepared by County Clerk and filed by trustees. County Clerk and County Court cannot be paid compensation for preparation and filing of report. 5. When requested, Prosecuting Attorney shall advise County Court on all legal questions arising in connection with preparation of trustees’ annual report. |
Not Prosecuting Attorney’s official duty to prepare report. He cannot be compensated for advice to Court in addition to statutory salary.
|A resident of Missouri who operates a vehicle as a chauffeur on the highways of Missouri must obtain a Missouri chauffeur’s license even though he may be properly licensed by another state.|
TOWNS AND VILLAGES.
|Every municipality to be consolidated under Section 72.150 RSMo 1959, must be adjoining and contiguous to every other municipality involved in the consolidation.|
|76-61||Dec 26||MERIT SYSTEM.|
CITIES, TOWNS & VILLAGES.
|Adoption of merit system police plan by city of third class eliminates office of marshal; chief of police under merit plan, performs duties previously performed by marshal.|
|77-61||July 18|| ||Opinion letter to the Honorable June R. Rose|
|79-61||Jan 20||EMPLOYMENT SECURITY. ||Leroy F. Schantz, Director, authorized to requisition funds from federal Unemployment Trust Fund.|
|80-61||Jan 26||MAGISTRATES.||Incumbent magistrates salaries must be increased or decreased as of January 1, 1961, the effective date of 1960 census if application of statutory classification in effect at commencement of their terms so results.|
|80-61||Jan 27||GENERAL ASSEMBLY.|
|Pay increase of legislators effective 90 days after passage. Emergency clause invalid. Later of two conflicting constitutional provisions will prevail.|
|Obligations may be incurred and payments made out of the Milk Control Fund, pursuant to appropriation made in Section 30 of H.C.S.H.B. 574, pending the decision of the Supreme Court on the constitutionality of the Milk Control law, when the Attorney General holds said law to be constitutional and prosecutes an appeal from a circuit court judgment ruling the law invalid. Section 30 of H.C.S.H.B. is valid.|
|80-61||July 12||SOIL CONSERVATION DISTRICTS.|
OLD AGE AND SURVIVORS INSURANCE.
|(1) Soil District on “instrumentality” within the meaning of the Old Age and Survivors Insurance Act; (2) services of soil district employees constitute “employment” within the meaning of Old Age and Survivors Insurance Act; (3) upon adoption and approval of a plan as required by Sec. 105.340 RSMo 1959 (OASI Act) employees of a soil district may be covered by OASI.|
|80-61||July 12||SPECIAL ROAD DISTRICTS.|
TERM OF OFFICE.
REMOVAL OF SECRETARY OF SPECIAL ROAD DISTRICT.
|President, vice-president and secretary of special road districts organized under Section 233.170 RSMo 1959 et seq. serve at the pleasure of the board and may be removed from office only upon a majority vote of the board. A secretary, not a member of the board, elected by unanimous vote, holds office until removed by vote of a majority of the board.|
|Section 57.445 V.A.M.S. 1960 Pocket Part, is interpreted as conferring discretion upon the county court of second, third and fourth class counties to determine whether sheriffs in such counties should be provided living quarters.|
|82-61||Dec 13|| ||Opinion letter to Mr. V. H. Simon|
|83-61||Oct 11||COUNTY HOSPITALS.|
INCOME TAX WITHHOLDING.
|Employer of County hospital employees is not authorized to deduct and retain a percentage of the state income tax withheld from employees wages.|
|83-61||Nov 17|| ||Opinion letter to the Honorable Ralph E. Smith|
|84-61||June 13||VACANCY IN OFFICE.|
|Resignation of sheriff should be addressed to County Court, and is effective upon its acceptance by such county court, but not before the time specified in the resignation. No steps may be taken to fill the vacancy prior to the effective date of the resignation. When special election is required, notice thereof must be published at least once in some newspaper published in the county at least 20 days before the date of election. The county central committee of each political party may nominate the candidate of such party and independent candidates may also file for the office by obtaining sufficient signatures on nomination petitions.|
|84-61||Dec 26|| ||Opinion letter to Honorable Edward W. Speiser|
|Compensation of County Officers whose salaries are fixed in relation to population by statute in effect at date of their election must be increased or decreased in accordance with such statutory classification. Greater compensation is not an increase within the meaning of Article 7, Section 13 of the Constitution. 1960 census effective as of Jan 1, 61, for purpose of ascertaining county officers’ compensation. As to incumbent officers paid on annual basis whose term commences on a date other than Jan 1, any change in compensation effective with next year of incumbency commencing after January 1, 1961.|
|85-61||May 17||FRANCHISE TAX.|
CORPORATIONS NOT ORGANIZED FOR PROFIT.
|FMSM Corporation is not a corporation not organized for profit within the meaning of Sec. 14.010, par. 3, RSMo 1959, and is liable for the payment of the annual franchise tax.|
|86-61||Feb 16||PROSECUTING ATTORNEYS.|
|A prosecuting attorney sending notice to one pursuant to Section 561.470 VAMS on complaint of an insufficient fund check in violation of Section 561.460 VAMS, cannot charge to or demand of the complainant, the mailing charges thereof.|
|County Court of County of 3rd Class has no power or authority to rent parking space for use of county officials while attending to their official duties at county courthouse.|
|86-61||July 19||COUNTY COURT.|
|There is no power in a county of the third class to create the office of county sanitarian to inspect and enforce rules regarding eating establishments and milk production facilities. If there is a duly appointed county health officer, he may employ personnel to assist him in gathering information upon which he can act whether he designates such person as county sanitarian or by some other name.|
LANDLORD AND TENANT.
|Real property and improvements constructed thereon which are owned by a municipality and leased to a private corporation may not be assessed against the municipality for property taxes but the private lessee’s interest therein is subject to taxation.|
|88-61||Mar 22||CRIMINAL LAW.|
|Under procedure established by Section 556.280, RSMo 1959, a defendant cannot be forced by the prosecution to testify as to his own prior convictions. To do so would be in violation of the immunity from self- incrimination granted to said defendant under Article I, Section 19, Missouri Constitution of 1945. However, said immunity may be waived by defendant voluntarily testifying to said prior convictions.|
|89-61||Nov 14||PROSECUTING ATTORNEYS.|
|(1) A prosecuting attorney may not compromise and settle an action for the collection of county hospital accounts on his own initiative but must have express approval of any such compromise settlement from the county court (2) Circuit judges and judges of the magistrate court have authority to require the payment of court costs or a docket fee in advance at the time of filing suit and counties would have to comply with such rule and pay whatever costs or docket fee are required by the rule when filing suit in such court with the exception of that part assessed as the library fee in circuit courts and that part assessed as the six dollar filing fee in magistrate courts. (3) A prosecuting attorney has no authority to forward delinquent county hospital accounts to an out of state attorney for collection. Any such arrangements must be made by the county court.|
|90-61||Aug 7||PHARMACY BOARD.|
|Board of Pharmacy may not pass a regulation prohibiting the truthful advertising of prescription drugs in pharmacies.|
|90-61||Oct 27||COUNTY OFFICERS.|
|Township collectors and their deputies, if any, are not subject to the provisions of House Bill 635 (71st General Assembly). Such collectors are not county officers within the meaning of the amendatory provisions of such bill, and therefore their deputies, if any, are not included in the extension of social security coverage provided for in such bill to employees of county officers compensated wholly by fees derived from sources other than county or state moneys.|
|90-61||Nov 28|| ||Opinion letter to the Honorable Charles D. Trigg |
|90-61||Dec 7|| ||Opinion letter to the Honorable Charles D. Trigg (Newton, Pulaski, and St. Charles counties)|
|90-61||Dec 7|| ||Opinion letter to the Honorable Charles D. Trigg (Stoddard County)|
|90-61||Dec 7|| ||Opinion letter to the Honorable Charles D. Trigg (Greene County)|
|90-61||Dec 7|| ||Opinion letter to the Honorable Charles D. Trigg (Stoddard, Newton, Pulaski, and St. Charles counties) |
|90-61||Dec 7|| ||Opinion letter to the Honorable Charles D. Trigg|
|90-61||Dec 12|| ||Opinion letter to the Honorable Charles D. Trigg|
|90-61||Dec 22||PHARMACY BOARD.|
|Repeal of statute authorizing Pharmacy Board to give examination to and to license persons who met the standards set out in said statute left the Board without authority to give such an examination or issue licenses pursuant thereto three days after the repeal became effective.|
|92-61||July 6|| ||Opinion letter to the Honorable A. Basey Vanlandingham|
|County Court may lease out real property of county for short periods but may not enter into a lease for a term of 99 or 20 years.|
|92-61||Nov 14||RECORDER OF DEEDS.|
|Consent of a parent or guardian is required when a license is issued under a court order to a minor under fifteen years of age. No three day waiting period required by Section 451.040, RSMo 1959. May be waived by a circuit or probate court for good cause shown. No requirements in Section 451.050, RSMo 1959, regarding serological tests can be waived by any court except in case one of the applicants is pregnant or on the death bed. Section 451.090, RSMo 1959, does not authorize a court to order a license issued to an applicant over fifteen years of age.|
|94-61||Apr 13||SENATORIAL APPORTIONMENT COMMISSION.|
|1. Discretion of senatorial apportionment commission in establishing senatorial districts;|
2. Board of Election Commissioners has sole authority to establish senatorial districts in City of St. Louis.
3. Senatorial apportionment commission has no authority in establishment of representative districts.
|94-61||July 24|| ||Opinion letter to the Honorable Robert P. Weatherford, Jr.|
|95-61||May 12||STATE EMPLOYEES.|
STATE RETIREMENT SYSTEM.
|An amendment to the “Missouri State Employees’ Retirement System” (Sections 104.310 to 104.600, RSMo 1959) granting an increase in benefits to retired employees at the time of the amendment on the condition that said retired employees voluntarily pay a reasonable sum certain into said retirement system as a condition precedent to receiving said increased benefits would be valid.|
|A school district may acquire realty by purchase or by gift. Such acquisition should not bind or restrict the school board’s discretion of determining educational policy. Contractual arrangements can only be for a reasonable period of time. School funds can not be used to improve public roads.|
|96-61||July 14|| ||Opinion letter to Mr. Joseph M. Whealen|
|96-61||Nov 9||JUNIOR COLLEGE DISTRICTS.|
STATE BOARD OF EDUCATION.
|(1) Public school districts presently operating a junior college are not junior districts within the meaning of the junior college district act. (2) public school district which is now offering a junior college course may be organized into a junior college district or may be included as one of the districts for the organization of a junior college district in two or more contiguous public school districts. (3) state board of education has full discretionary-power to determine which petitions or proposals meet their standards for organization and which petitions or proposals will be submitted for a vote in those instances in which two or more petitions encompass a part of the same territory. (4) board of education of a public school district operating a junior college may discontinue or dissolve such junior college courses at their pleasure. A junior college district organized under the provisions of the junior college district act cannot force a discontinuance or dissolution of a junior college operated by a public school district so long as such junior college conforms to the scholastic standards established by the state board of education. The junior college district act is intended to facilitate the transfer of junior colleges operated by public school districts to a junior college district organized under the provisions of the junior college district act.|
|97-61||Jan 3||MAGISTRATES.||Salary of magistrates governed by Section 482.150.|
|Pharmacists are not exempt from the application of the Missouri Economics Poisons Act.|
Definition of “economic poisons” is limited by its intended use; by the definition of the terms insects, fungi and weeds; and by the commissioner declaring them to be pests.
SPEEDING, CARELESS AND IMPRUDENT DRIVING.
|Drivers using completed, but as yet unopened portions of a highway may be prosecuted for speeding or careless and imprudent driving.|
|97-61||June 28||Hon. Robert P. C. Wilson, III||WITHDRAWN|
|97-61||July 21|| ||Opinion letter to the Honorable Paul E. Williams|
TANGIBLE PERSONAL PROPERTY.
FIRST CLASS COUNTIES.
|1. Upon failure of taxpayer to file assessment list of all tangible taxable personal property within time and manner required by applicable statutes, Sec. 137.345, RSMo 1959, requires assessor of first class county to assess property which should have been listed at double value. He may rely solely upon next or last preceding list filed by taxpayer as to property and its value if it is best information obtainable. 2. For each subsequent year assessor determines a penalty is due he shall list property at double value shown on next or last preceding list of taxpayer, but is unauthorized to redouble value of property for each subsequent year he prepares a list. In no case may he assess property at more than double its value.|
|97-61||Nov 10||PROSECUTING ATTORNEYS.|
SALARY FOR PROSECUTING ATTORNEYS STENOGRAPHER.
SALARIES AND FEES.
FEES AND SALARIES.
|Stenographic and clerical help for Prosecuting Attorneys of third and fourth class counties authorized by Senate Bill 324, 71st General Assembly not under provisions of Article VII Section 13, Mo. Constitution. County Court has power to approve or disapprove salaries of such help fixed by Prosecuting Attorney.|
|99-61||July 26|| ||Opinion letter to the Honorable Larry M. Woods|
|Charitable, religious, or other corporations subject to Chapters 352 and 355, RSMo 1959, may not qualify as executors under Missouri’s Probate Code, but may serve as testamentary trustees in carrying out trusts only for any of the legitimate purposes for which they are organized.|
|Compensation and mileage increases authorize by 71st General Assembly.|
|100-61||Aug 11||SPECIAL ROAD DISTRICTS.||May issue warrants in anticipation of current year’s income. May function with two commissioners pending appointment of third.|
|100-61||Aug 18||STATE HIGHWAY COMMISSION.|
|A municipality has the exclusive right to determine the time when and the place where a traffic signal shall operate within the limits of such municipality (except as may be otherwise provided by law and except to the extent such right has been limited by contract with the highway commission); the State Highway Commission has no power or authority to make any changes or alterations in the operation of such signal; and the State Highway Commission has no power to contact with school officials with respect to the operation of traffic signals.|
|100-61||Dec 1|| ||Opinion letter to the Honorable Robert Young|